If the couple is living like a husband and wife, the woman has the right to ask for allowance: High Court
If the couple is living like a husband and wife, the woman has the right to ask for allowance: High Court
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New Delhi: The Delhi High Court has said that if the couple, like a husband and wife, have been living together for many years, the notion that the two are married will be assumed. So, a woman can ask for a maintenance allowance like a wife. The High Court said that the apex court has ruled that if the two have been living together as husband and wife for a long time, the woman will be held guilty of the maintenance in Section 125 of the CRPC that both are married.

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The High Court refused to interfere with the lower court's decision. The High Court said that the trial court has held that the couple stayed together for 20 years as a husband and wife. There is no mistake in the trial court judgement. The petitioner had challenged the lower court's verdict ordering him to pay a maintenance allowance of Rs 5,000 per month to his wife. The High Court rejected the petitioner's appeal. The person argued that the woman was not his wife. She had said that the woman had no evidence of marriage. The woman said that the two had been a husband and wife for 20 years at the address given in Kotla Mubarakpur. Nikanama and Photograph are in the possession of the husband.

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Both had the same address as voters. The name of the woman's husband is also there in the electoral roll. The petitioner had described himself as her husband during the treatment of the woman in the medical records of Safdarjung Hospital. The trial court, looking at all the records, admitted that the two had been living together for 20 years. The woman had said that she got married in 1983 and had filed an application for maintenance in 2003.

 

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